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6-5-332.5
in this section, the following terms shall have the following meanings: (1) CHILD. A person
who is under nine years of age. (2) INCAPACITATED PERSON. As defined in Section 26-2A-20.
(3) MOTOR VEHICLE. As defined in Section 32-1-1.1. (4) PUBLIC SAFETY OFFICIAL. An individual
employed by a law enforcement agency, fire department, or 911 emergency service. (b) No person
shall leave a child or an incapacitated person in a motor vehicle unattended in a manner that
creates an unreasonable risk of injury or harm to the child or incapacitated person.
A vehicle that has an ambient interior temperature of 99 degrees Fahrenheit or less shall
be presumed safe. (c) A person who enters a motor vehicle by force or otherwise at the direction
of a public safety official for the purpose of removing a child or an incapacitated person
from the vehicle shall be immune from criminal liability for damage to the motor vehicle if
the person meets all of the following requirements: (1) Determines the motor...
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16-28-40
Section 16-28-40 License applicant under 19 to provide documentation of school enrollment,
etc.; duties of school attendance official; withdrawal from school; conviction for certain
pistol offenses. (a) The Department of Public Safety shall deny a driver's license or a learner's
license for the operation of a motor vehicle to any person under the age of 19 who does not,
at the time of application, present a diploma or other certificate of graduation issued to
the person from a secondary high school of this state or any other state, or documentation
that the person: (1) is enrolled and making satisfactory progress in a course leading to a
general educational development certificate (GED) from a state approved institution or organization,
or has obtained the certificate; (2) is enrolled in a secondary school of this state or any
other state and has not at the time of application accumulated disciplinary points while a
student in school that would extend the age of eligibility for the...
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45-23-82.02
specified in this subsection whose jurisdiction is in the circuit or district court of the
Thirty-third Judicial Circuit may apply to the District Attorney of the Thirty-third Judicial
Circuit for admittance to the pretrial diversion program. (b) A person charged only with any
of the following offenses may apply for the program: (1) A traffic offense, other than driving
under the influence (DUI). (2) A property offense. (3) An offense wherein the victim did not
receive serious physical injury. (4) An offense in which the victim was not a child
under 14 years of age, a law enforcement officer, a school official, or a correctional officer.
(5) A misdemeanor other than one specifically excluded in this section. (c) The following
offenses are ineligible for consideration for the pretrial diversion program: (1) Trafficking
or distribution of drugs, or both. (2) Any offense involving the abuse of a child or an elderly
person. (3) Any forcible sex offense. (4) Any Class A felony. (5)...
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32-6-19
Section 32-6-19 Penalties - Violation by person whose license or driving privilege has been
cancelled, etc.; impoundment of vehicle. (a)(1) Any person whose driver's or chauffeur's license
issued in this or another state or whose driving privilege as a nonresident has been cancelled,
denied, suspended, or revoked as provided in this article and who drives any motor vehicle
upon the highways of this state while his or her license or privilege is cancelled, denied,
suspended, or revoked shall be guilty of a misdemeanor and upon conviction shall be punished
by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500),
and in addition thereto may be imprisoned for not more than 180 days. In addition to all fines,
fees, costs, and punishments prescribed by law, there shall be imposed or assessed an additional
penalty of fifty dollars ($50) to be placed in the Traffic Safety Trust Fund and the Peace
Officers Standards and Training Fund. Also, at the...
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45-28-82.22
motor vehicle, or a commercial driver learner permit holder who is charged with a violation
of a traffic law in this state shall not be eligible for a deferred prosecution program, diversion
program, or any deferred imposition of judgment program pursuant to Section 32-6-49.23. (b)
An offender charged with any of the following offenses is ineligible for consideration for
the pretrial diversion program: (1) Any Class A felony or capital offense. (2) Any offense
involving serious physical injury to a person. (3) An offense involving violence in
which the victim was a child under 14 years of age, a law enforcement officer, a school officer,
a correctional officer, active duty military personnel of the United States military, or an
individual over the age of 65. (4) Any offense involving death. (5) A person deemed by the
district attorney to be a threat to the safety or well-being of the community. (6) Bribery
of a government or public official. (7) Any offense wherein the offender is...
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45-39-82.02
motor vehicle, or a commercial driver learner permit holder who is charged with a violation
of a traffic law in this state shall not be eligible for a deferred prosecution program, diversion
program, or any deferred imposition of judgment program pursuant Section 32-6-49.23. (b) An
offender charged with any of the following offenses is ineligible for consideration for the
pretrial diversion program: (1) Any Class A felony or capital offense. (2) Any offense involving
serious physical injury to a person. (3) An offense involving violence in which the
victim was a child under 14 years of age, a law enforcement officer, a school officer, a correctional
officer, active duty military personnel of the United States military, or an individual over
the age of 65. (4) Any offense involving death. (5) A person deemed by the district attorney
to be a threat to the safety or well-being of the community. (6) Bribery of a government or
public official. (7) Any offense wherein the offender is...
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45-42-82.43
program. Admittance into the pretrial diversion program is in the absolute discretion of the
district attorney. However, an offender deemed by the district attorney to be a threat to
the safety or well-being of the community shall not be eligible for the program. Further,
an offender charged with the following offenses shall be ineligible for admittance: (1) A
Class A felony or capital offense. (2) An offense which intentionally, knowingly, or recklessly
resulted in death or serious physical injury to a person. (3) An offense involving
the use of a deadly weapon. (4) Chemical endangerment of a child. (5) An offense involving
violence in which the victim was a child under 14 years of age, a law enforcement officer,
a school officer, a correctional officer, active duty military personnel of the United States
Armed Forces, or an elderly person over the age of 65. (6) An offense involving violence in
which the victim was an employee of any school system which lies within the geographic...
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12-17-226.2
A person charged with any of the following offenses may apply for the pretrial diversion program:
(1) A drug offense, excluding sale of a controlled substance as provided in Section 13A-12-211,
trafficking in controlled substances or cannabis as provided in Section 13A-12-231, manufacturing
controlled substances in the first degree as provided in Section 13A-12-218, or trafficking
in an analog controlled substance. (2) A property offense. (3) An offense that does not involve
serious physical injury, death, a victim under the age of 14, or a sex offense involving
forcible compulsion or incapacity of a victim. (4) A misdemeanor or violation, except the
district attorney may determine that a person charged with a misdemeanor offense or violation
is ineligible to apply for the program if it is in the best interest of the victim, the offender,
the community, or justice. (5) A traffic or conservation offense, except that a holder of
a commercial driver's license, an operator of a commercial...
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13A-11-290
defined in Section 26-2A-20. (c)(1) A licensed day care center, a licensed child care facility,
a program providing day care service to incapacitated persons, or any other child care service
that is exempt from licensing pursuant to Section 38-7-3, or an employee thereof, or a person
for hire responsible for a child under the age of 7 or an incapacitated person, shall not
leave a child or an incapacitated person in a motor vehicle unattended in a manner that creates
an unreasonable risk of injury or harm. (2) A person violating this section shall be
punished by a fine of not less than two thousand dollars ($2,000). If a person has a prior
conviction or adjudication under this section, the offense is a Class C misdemeanor. (3) For
purposes of determining prior conviction or adjudication pursuant to subdivision (2), conviction
in municipal court shall be included. (4) If the child or incapacitated person receives physical
injury as a result of a violation of this section, the person...
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6-5-332.4
Section 6-5-332.4 Persons who rescue child or incapacitated person from unattended motor vehicle.
(a) As used in this section, the following terms shall have the following meanings: (1) INCAPACITATED
PERSON. A person as defined in Section 26-2A-20. (2) MOTOR VEHICLE. A motor vehicle as defined
in Section 32-1-1.1. (b) A person who enters a motor vehicle by force or otherwise, for the
purpose of removing a child or an incapacitated person from the vehicle shall be immune from
civil liability for damage to the motor vehicle if the person meets all of the following requirements:
(1) Determines the motor vehicle is locked or there is otherwise no reasonable method for
the child or incapacitated person to exit the motor vehicle without assistance. (2) Has a
good faith and reasonable belief, based upon the known circumstances, that entry into the
motor vehicle is necessary because the child or incapacitated person is in imminent danger
of suffering harm. (3) Ensures that law enforcement is...
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